|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|07-371||D.C. Cir.||Apr 16, 2008||Jun 12, 2008||9-0||Ginsburg||OT 2007|
Holding: (1) The theory of preclusion by "virtual representation" is disapproved; the preclusive effects of a judgment in a federal-question case decided by a federal court should instead be determined according to the established grounds for nonparty preclusion; and (2) the case is remanded to allow the courts below the opportunity to determine whether the fifth ground for nonparty preclusion — preclusion because a nonparty to earlier litigation has brought suit as an agent of a party bound by the prior adjudication — applies to Brent Taylor's suit. But courts should be cautious about finding preclusion on the basis of agency.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on June 12, 2008.